EMPEROR Vs. DALJITSING FATTEHSING

JUDGEMENT

(1.) In this case the accused was tried on a charge under Section 19 (a) and (d) of the Indian Arms Act XI of 1878 before the Honorary First Class Magistrate at Bhusaval, and convicted and sentenced to pay a fine of Rs. 250. On appeal, the learned Sessions Judge confirmed the conviction and reduced the fine to Rs. 50.

(2.) The accused, who is a Sikh resident of Delhi, was found in possession of thirty-five kirpans or jarabias at Bhusaval. The accused admitted that he had brought them from Delhi and desired to take them in the Nizam's territory for sale and also admitted that he had already sold two Kirpans at Bhusaval. Out of the thirty-five kirpans nine kirpans were below nine inches, twenty-three were between nine and nine- and a half inches, and three were ten inches in length.

(3.) Under a 27 of the Indian Arms Act, 1878, the Governor General in Council may, from time to time, by notification published in the Gazette of India: (a) exempt any person by name or in virtue of his office, or any class of persons, or exclude any description of arms or ammunition, or withdraw any part of British India, from the operation of any prohibition or direction contained in the Act; and (b) cancel any such notification, and again subject the persons or things, or the part of British India comprised therein to the operation of such prohibition or direction.